[HISTORY: Adopted by the Village Board of the Village of
Monticello as Secs. 5-2-1, 5-2-2, 5-2-4 and 5-2-6 of the 1989 Code
of Ordinances. Amendments noted where applicable.]
Fire Department recognized. The Volunteer Fire Department of the
Village of Monticello and the Towns of Mount Pleasant and Washington
(MMPW-FD) is officially recognized as the Fire Department serving
the Village of Monticello, and the duties of firefighting and fire
prevention in the Village are delegated to such Department. The Monticello
Volunteer Fire Department shall be responsible for the program of
fire defense for the citizens and property within the Village of Monticello.
Fire protection agreement. The Village of Monticello, surrounding
municipalities, and the Volunteer Fire Department have entered into
a contract under § 66.0301, Wis. Stats., for the operation
of a Fire District under the management of the Fire Board. Such contract
is on file with the Village Clerk-Treasurer and shall govern the operation
of the Department and the relation of the Village thereto.
Appropriations. The Village Board shall appropriate funds for Fire
Department operations and for such apparatus and equipment for the
use of the Fire Department as the Board may deem expedient and necessary
to maintain efficiency and properly protect life and property from
fire.
The primary objective of the fire defense program is to serve all
citizens, without prejudice or favoritism, by safeguarding, collectively
and individually, their lives against the effects of fires and explosions.
The second objective of the fire defense program is to safeguard
the general economy and welfare of the community by preventing major
conflagrations and the destruction by fire of industries and businesses.
The third objective of the fire defense program is to protect the
property of all citizens against the effects of fire and explosions.
All property deserves equal protection, regardless of location or
monetary value.
Organization. The Volunteer Fire Department of the Village of Monticello and the Towns of Mount Pleasant and Washington (MMPW-FD) shall consist of the Chief, a First Assistant Chief, a Secretary and a Treasurer and such other officers as may be deemed necessary, together with as many drivers and firemen who live and normally work within the fire district as may be appointed by the Chief and approved by the Fire Board, provided that at no time shall the Department consist of less than 22 active members. The Fire Chief shall be selected pursuant to § 82-6 of the Code of the Village of Monticello.
Departmental bylaws. The MMPW-FD shall adopt bylaws and amendments
thereto for the control, management, government and the regulation
of business and proceedings of the Department, which bylaws shall
be adopted by a 2/3 vote of the members of the Department and shall
be subject to approval of the Fire Board.
Election of officers; vacancies. The officers of the Department shall
be elected annually by the members thereof and confirmed by the Fire
Board and shall hold office for a term of one year or until their
successors are elected and qualified unless removed for cause by action
of the members of the Fire Board. In case of a vacancy in any office,
a successor shall be elected by the members and confirmed by the Fire
Board and shall hold office until the next annual election.
Application. Any person desiring to be a member of the Fire Department
shall file an application with the Secretary in such form as may be
required. Each application shall be accompanied by a certificate of
the applicant's physical fitness from such physician as the Chief
may designate.
Qualifications. No person shall be eligible for recruitment as a
member in the Fire Department unless he/she is a resident of the Fire
District, between the ages of 18 and 45 and of good moral character.
Removal. Members of the Department may be removed or expelled for
neglect or refusal to perform departmental duties by a majority vote
of the members of the Fire Board after a hearing on the matter and
receiving the recommendations of the Chief.
Use of apparatus. No apparatus shall be used for any purpose except
for firefighting, or in training therefor, except pursuant to an agreement
approved by the Fire Board after the Chief has given his/her recommendations
on such use. With the approval of the Chief, such apparatus may be
used for emergency purposes other than firefighting within the district.
The Village President of Monticello, who will act as Chairperson
of the Fire Board, and one Village Trustee as appointed by the President
and approved by the Village Board;
The members of the Fire Board shall be appointed annually to serve
one-year terms. The Fire Board shall annually elect a Secretary-Treasurer
for the Fire Board. In the absence of the Village President, the Fire
Board shall appoint a chairperson of the Board among those present
to conduct a meeting. They shall hold meetings as necessary to discharge
their responsibilities, which include the policy making supervision
of the affairs of the Volunteer Fire Department of the Village of
Monticello, Town of Mt. Pleasant, and Town of Washington. They shall
advise their respective Village and Town Boards concerning matters
affecting the Fire Department, and they shall hear grievances initiated
by members or officers of the Fire Department. They shall carry out
the duties and have the powers authorized by this chapter.
The Chief and assistants or officers in command at any fire are hereby
vested with full and complete police authority at fires. Any officer
of the Department may cause the arrest of any person failing to give
the right-of- way to the Fire Department in responding to a fire.
The Fire Chief may prescribe certain limits in the vicinity of any
fire within which no persons, excepting firemen and policemen and
those admitted by order of any officer of the Department, shall be
permitted to come.
The Chief shall have the power to cause the removal of any property
whenever it shall become necessary for the preservation of such property
from fire or to prevent the spreading of fire or to protect the adjoining
property, and during the progress of any fire he shall have the power
to cause the removal of all wires or other facilities and the turning
off of all electricity or other services where the same impedes the
work of the Department during the progress of a fire.
The Fire Chief shall be the Fire Inspector of the Village of Monticello
and shall have the power to appoint one or more deputy Fire Inspectors
and shall perform all duties required of the Fire Inspectors by the
laws of the state and rules of the Department of Safety and Professional
Services, particularly § 101.14, Wis. Stats.
While acting as Fire Inspector pursuant to § 101.14(2),
Wis. Stats., the Fire Chief, or any officer of the Fire Department
designated by the Fire Chief, shall have the right and authority to
enter any building or upon any premises in the Village of Monticello
at all reasonable hours for the purpose of making inspections or investigations
which, under the provisions of the Code of the Village of Monticello,
he may deem necessary. Should the Fire Inspector find that any provisions
of the Code of the Village of Monticello relating to fire hazards
and prevention of fires are being violated, or that a fire hazard
exists, which should be eliminated, it shall be his duty to give such
directions for the abatement of such conditions as he shall deem necessary
and, if such directions be not complied with, to report such noncompliance
to the Village Board for further action.
The Chief of the Fire Department is required, by himself or by officers
or members of the Fire Department designated by him as fire inspectors,
to inspect all buildings, premises and public thoroughfares, except
the interiors of private dwellings, for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire, or
any violations of any law or ordinance relating to the fire hazard
or to the prevention of fires. Such inspections shall be made at least
once in six months in all of the territory served by the Fire Department,
and not less than once in six months in such territory as the Village
Board has designated or thereafter designates as within the Village
or as a congested district subject to conflagration, and oftener as
the Chief of the Fire Department orders. Each six-month period shall
begin on January 1 and July 1, and each three-month period on January
1, April 1, July 1 and October 1 of each year.
Written reports of inspections shall be made and kept on file in
the office of the Chief of the Fire Department in the manner and form
required by the Department of Safety and Professional Services. A
copy of such reports shall be filed with the Fire Chief.
Entering adjacent property. It shall be lawful for any fireman while
acting under the direction of the Fire Chief or any other officer
in command to enter upon the premises adjacent to or in the vicinity
of a building or other property then on fire for the purpose of extinguishing
such fire and in case any person shall hinder, resist or obstruct
any fireman in the discharge of his duty as is hereinbefore provided,
the person so offending shall be deemed guilty of resisting firemen
in the discharge of their duty.
Destruction of property to prevent the spread of fire. During the
progress of any fire, the Fire Chief or his assistant shall have the
power to order the removal or destruction of any property necessary
to prevent the further spread of fire; provided that it is inevitable
that, unless such property is removed other property is in danger
of being destroyed by fire.